255.04(2)
(2) The department shall prescribe:
255.04(2)(a)
(a) The form on which the report under
sub. (1) shall be submitted.
255.04(2)(b)
(b) The time schedule under which the report under
sub. (1) shall be submitted.
255.04(2)(c)
(c) The types of cancer and precancerous conditions to be reported under
sub. (1).
255.04(3)
(3) Any information reported to the department under
sub. (1) or
(5) which could identify any individual who is the subject of the report or a physician submitting the report shall be confidential and may not be disclosed by the department except to the following:
255.04(3)(a)
(a) A central tumor registry in another state if the individual who is the subject of the information resides in the other state.
255.04(3)(b)
(b) A national tumor registry recognized by the department.
255.04(4)
(4) The report of information under
sub. (1) or
(5) may not be construed as a violation of any person's responsibility for maintaining the confidentiality of patient health care records, as defined under
s. 146.81 (4).
255.04(5)
(5) The department may, to the extent feasible, collect information related to the occupation of cancer patients in order to fulfill the purpose of
s. 250.04 (3) (b) 4.
255.04 History
History: 1985 a. 29;
1989 a. 173 ss.
2,
13;
1993 a. 16;
1993 a. 27 s.
48; Stats. 1993 s. 255.04;
1993 a. 183;
1997 a. 114.
255.05
255.05
Cancer control and prevention grants. 255.05(1)(a)
(a) "Institution" means any hospital, nursing home, county home, county mental hospital, community-based residential facility or other place licensed or approved by the department under
s. 49.70,
49.71,
49.72,
50.02,
50.03,
50.35,
51.08 or
51.09.
255.05(1)(b)
(b) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).(b) "Nonprofit corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17).
255.05(1)(c)
(c) "Organization" means a nonprofit corporation or a public agency which proposes to provide services to individuals.
255.05(1)(d)
(d) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
255.05(2)
(2) From the appropriation under
s. 20.435 (5) (cc), the department shall allocate up to $400,000 in each fiscal year to provide grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.
255.05(3)
(3) The department shall promulgate rules establishing the criteria and procedures for the awarding of grants for projects under
sub. (2).
255.05 Cross-reference
Cross Reference: See also ch.
HFS 147, Wis. adm. code.
255.055
255.055
Breast cancer research program. 255.055(1)
(1) The Medical College of Wisconsin, Inc., and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under
ss. 20.250 (2) (g) and
20.285 (1) (gm) for breast cancer research projects. These moneys may not be used to supplant funds available for breast cancer research from other sources.
255.055(2)
(2) Annually by January 1, the Medical College of Wisconsin, Inc., and the Board of Regents of the University of Wisconsin System shall each report to the appropriate standing committees of the legislature under
s. 13.172 (3) and to the governor on the breast cancer research projects each has conducted under
sub. (1) in the previous fiscal year.
255.055 History
History: 2003 a. 176.
255.056
255.056
Cancer drug repository. 255.056(1)(a)
(a) "Cancer drug" means a prescription drug that is used to treat any of the following:
255.056(1)(a)2.
2. The side effects of any prescription drug that is used to treat cancer or side effects of cancer.
255.056(2)
(2) The department shall establish and maintain a cancer drug repository program, under which any person may donate a cancer drug or supplies needed to administer a cancer drug for use by an individual who meets eligibility criteria specified by rule by the department. Donation may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets requirements specified by rule by the department. The medical facility or pharmacy may charge an individual who receives a cancer drug or supplies needed to administer a cancer drug under this subsection a handling fee that may not exceed the amount specified by rule by the department. A medical facility or pharmacy that receives a donated cancer drug or supplies needed to administer a cancer drug under this subsection may distribute the cancer drug or supplies to another eligible medical facility or pharmacy for use under the program under this section.
255.056(3)
(3) A cancer drug or supplies needed to administer a cancer drug may be accepted and dispensed under the program specified in
sub. (2) only if all of the following requirements are met:
255.056(3)(a)
(a) The cancer drug or supplies needed to administer a cancer drug is in its original, unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(3)(b)
(b) The cancer drug bears an expiration date that is later than 6 months after the date that the drug was donated.
255.056(3)(c)
(c) The cancer drug or supplies needed to administer a cancer drug is not adulterated or misbranded, as determined by a pharmacist employed by, or under contract with, the medical facility or pharmacy, who shall inspect the drug or supplies needed to administer a cancer drug before the drug or supplies are dispensed.
255.056(3)(d)
(d) The cancer drug or supplies needed to administer a cancer drug are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist.
255.056(4)
(4) No cancer drug or supplies needed to administer a cancer drug that are donated for use under this section may be resold.
255.056(5)
(5) Nothing in this section requires that a medical facility, pharmacy, pharmacist, or practitioner participate in the program under this section.
255.056(6)(a)(a) Unless the manufacturer of a drug or supply exercises bad faith, the manufacturer is not subject to criminal or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a cancer drug or supply manufactured by the manufacturer that is donated by any person under this section, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated cancer drug or supply.
255.056(6)(b)
(b) Except as provided in
par. (c), any person, except the manufacturer of a drug or supply, is immune from civil liability for injury to or the death of the individual to whom the cancer drug or supply is dispensed and may not be found guilty of unprofessional conduct for his or her acts or omissions related to donating, accepting, distributing, or dispensing a cancer drug or supply under this section.
255.056(6)(c)
(c) The immunity or the prohibition on a finding of guilty of unprofessional conduct under
par. (b) does not extend to donation, acceptance, distribution, or dispensation of a cancer drug by a person whose act or omission involves reckless, wanton, or intentional misconduct.
255.056(7)
(7) The department shall promulgate all of the following as rules:
255.056(7)(a)
(a) Requirements for medical facilities and pharmacies to accept and dispense donated cancer drugs or supplies needed to administer cancer drugs under this section, including all of the following:
255.056(7)(a)2.
2. Standards and procedures for accepting, safely storing, and dispensing donated cancer drugs or supplies needed to administer cancer drugs.
255.056(7)(a)3.
3. Standards and procedures for inspecting donated cancer drugs or supplies needed to administer cancer drugs to determine if the cancer drug or supplies needed to administer a cancer drug are in its original, unopened, sealed, and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit-dose packaging is unopened.
255.056(7)(a)4.
4. Standards and procedures for inspecting donated cancer drugs or supplies needed to administer cancer drugs to determine that the cancer drug or supplies needed to administer a cancer drug are not adulterated or misbranded.
255.056(7)(b)
(b) Eligibility criteria for individuals to receive donated cancer drugs or supplies needed to administer cancer drugs dispensed under the program. The standards shall prioritize dispensation to individuals who are uninsured or indigent, but will permit dispensation to others if an uninsured or indigent individual is unavailable.
255.056(7)(c)
(c) A means, such as an identification card, by which an individual who is eligible to receive a donated cancer drug or supplies needed to administer a cancer drug may indicate that eligibility.
255.056(7)(d)
(d) Necessary forms for administration of the cancer drug repository program, including forms for use by persons that donate, accept, distribute, or dispense cancer drugs or supplies needed to administer cancer drugs under the program.
255.056(7)(e)
(e) The maximum handling fee that a medical facility or pharmacy may charge for accepting, distributing, or dispensing donated cancer drugs or supplies needed to administer cancer drugs.
255.056(7)(f)
(f) A list of cancer drugs and supplies needed to administer cancer drugs, arranged by category or by individual cancer drug or supply, that the cancer drug repository program will accept for dispensing.
255.056(7)(g)
(g) A list of cancer drugs and supplies needed to administer cancer drugs, arranged by category or by individual cancer drug or supply, that the cancer drug repository program will not accept for dispensing. The list shall include a statement that specifies the reason that the cancer drug or supplies needed to administer a cancer drug are ineligible for donation.
255.056 History
History: 2003 a. 175,
327.
255.06
255.06
Well-woman program. 255.06(1)(b)
(b) "Mammography" means the making of a record of a breast by passing X rays through a body to act on specially sensitized film.
255.06(1)(d)
(d) "Nurse practitioner" means a registered nurse licensed under
ch. 441 or in a party state, as defined in
s. 441.50 (2) (j), whose practice of professional nursing under
s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.
255.06(1)(e)
(e) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
255.06(2)
(2) Well-woman program. From the appropriation under
s. 20.435 (5) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under
s. 20.435 (5) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:
255.06(2)(a)
(a)
Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. Recipients of services under this paragraph are subject to a copayment, payable to the service provider, for which the department shall reduce reimbursement to the service provider, as follows:
255.06(2)(a)1.
1. For a woman for whom 3rd-party coverage for services is obtainable, payment by the source of the 3rd-party coverage at full reasonable charge.
255.06(2)(a)2.
2. For a woman for whom 3rd-party coverage for services is not obtainable and whose income is above 150% of the poverty line, a copayment for the provided service that is based on a sliding scale, as developed by the department, according to the woman's income.
255.06(2)(a)3.
3. For a woman for whom 3rd-party coverage is not obtainable and whose income is at or below 150% of the poverty line, no copayment.
255.06(2)(b)
(b)
Media announcements and educational materials. Allocate and expend at least $20,000 in each fiscal year to develop and provide media announcements and educational materials to promote breast cancer screening services that are available under
pars. (a) and
(c) and to promote health care screening services for women that are available under
par. (e).
255.06(2)(c)
(c)
Breast cancer screenings using mobile mammography van. Reimburse the city of Milwaukee public health department for up to $115,200 in each fiscal year for the performance of breast cancer screening activities with the use of a mobile mammography van.
255.06(2)(d)
(d)
Specialized training to for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.
255.06(2)(e)
(e)
Health care screening, referral, follow-up, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, and patient education to low-income, underinsured, and uninsured women.
255.06(2)(f)
(f)
Women's health campaign. Conduct a women's health campaign to do all of the following:
255.06(2)(f)1.
1. Increase women's awareness of issues that affect their health.
255.06(2)(f)2.
2. Reduce the prevalence of chronic and debilitating health conditions that affect women.
255.06(2)(g)
(g)
Osteoporosis prevention and education. Conduct an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis, and options for diagnosing and treating osteoporosis.
255.06(2)(h)
(h)
Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.
255.06(2)(i)
(i)
Multiple sclerosis services. Allocate and expend at least $60,000 as reimbursement for the provision of multiple sclerosis services to women.
255.06(3)
(3) Service coordination. The department shall coordinate the services provided under this section with the services provided under the minority health program under
s. 146.185, to ensure that disparities in the health of women who are minority group members are adequately addressed.
255.06 History
History: 1991 a. 39 s.
3709,
3710,
3711; Stats. 1991 s. 146.0275;
1991 a. 269;
1993 a. 16;
1993 a. 27 s.
345; Stats. 1993 s. 255.06;
1995 a. 27;
1997 a. 27,
79;
2001 a. 16,
107,
109;
2003 a. 33.
255.08
255.08
Tanning facilities. 255.08(1)(a)
(a) "Phototherapy device" means equipment that emits ultraviolet radiation and is used in treating disease.
255.08(1)(b)
(b) "Tanning device" means equipment that emits electromagnetic radiation having wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin and any equipment used with that equipment, including but not limited to protective eyewear, timers and handrails, except that "tanning device" does not include a phototherapy device used by a physician.
255.08(1)(c)
(c) "Tanning facility" means a place or business that provides persons access to a tanning device.
